Miniard et al v. State Farm Mutual Automobile Insurance Company
| Lillian Miniard, Linda Caldwell, Tessa Harris and Carl Jones |
| State Farm Mutual Automobile Insurance Company |
| 6:2023cv00146 |
| August 10, 2023 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Tort/Motor Vehicle ( |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 20 REQUEST for Production of Documents by State Farm Mutual Automobile Insurance Company.(Oswald, Clayton) |
Filing 19
ORDER re #6 Motion to Remand: The Court considers Plaintiffs' motion to remand. D.E. 6. The basis for the motion is that the Court lacks subject matter jurisdiction over this case. Id. Since this Court has jurisdiction under 28 U.S.C. 1332, the motion is DENIED. Signed by Magistrate Judge Hanly A. Ingram on 9/26/2023. (MM)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #6 FIRST MOTION to Remand by Linda Caldwell, Tessa Harris, Carl Jones, Lillian Miniard (KJA) |
| Filing 18 CERTIFICATE of Counsel of service of Plaintiff Linda Caldwell's Answer to Interrogatories and Response to Request for Production of Documents by Kevin Wayne Johnson on behalf of Linda Caldwell, Tessa Harris, Carl Jones, Lillian Miniard (Attachments: #1 Exhibit Certificate of Service)(Johnson, Kevin) Modified to further describe on 9/21/2023 (KJA). |
| Filing 17 NOTICE OF FILING by State Farm Mutual Automobile Insurance Company re #9 Response to Motion, to Remand to State Court (Oswald, Clayton) |
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Filing 16
ORDER re #9 Response to Motion, filed by State Farm Mutual Automobile Insurance Company: On or before September 22, 2023, Defendant shall file in the record the documents being referenced, particularly the documents cited to in footnotes two and three of Defendants Response to Plaintiffs Motion to Remand. D.E. 9 at 2. Signed by Magistrate Judge Hanly A. Ingram on 9/14/2023.(JMB)cc: COR
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| Filing 15 NOTICE OF FILING by State Farm Mutual Automobile Insurance Company Initial Disclosures (Oswald, Clayton) Modified to further describe on 9/8/2023 (KJA). |
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Filing 14
SCHEDULING ORDER: 1. The parties have agreed to exchange Rule 26(a)(1) disclosures by 9/8/2023. These disclosures need not be filed in the Court record. 2. The plaintiff shall join parties or amend pleadings no later than 10/20/2023. Defendant shall do same by 11/20/2023. 3. The parties shall complete all discovery by 5/29/2024. 4. Per Rule 26(a)(2), no later than 2/1/2024, Plaintiffs shall disclose the identity of expert witnesses who may be used at trial. Defendants by 4/1/2024. Supplementation by 4/15/2024. 5. Dispositive motions and Daubert motions. Response and reply time per local rule. 6. The Court declines to schedule a pretrial conference, trial, or deadlines for related filings at this time. The Court will, as necessary and appropriate set other deadlines. 7. The report also suggests conducting alternative dispute resolution after the closure of discovery. To the extent this is a request for a Court-conducted settlement conference, no such conference will be set at this time. 8. The Court builds the case schedule based on party input. Modification of this schedule thus is disfavored and will only occur under the standards and mechanics of Rule 16 and/or Rule 6, as applicable. 9. Other than the agreed-upon discovery limits within the parties Rule 26(f) report, the default limits within the discovery rules apply. 10. TELEPHONIC CONFERENCE set for 1/19/2024 at 11:00 AM in LONDON before Magistrate Judge Hanly A. Ingram. Signed by Magistrate Judge Hanly A. Ingram on 09/1/2023.(KJA)cc: COR, London Diary
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Filing 12
ORDER: The parties indicate that they "consent to referral of this matter to the Magistrate Judge for all further proceedings, including trial, pursuant to 28 U.S.C. 636(c)." DE #11 . The Court TRANSFERS this matter to Magistrate Judge Hanly A. Ingram for all proceedings, including trial. Signed by Judge Robert E. Wier on 08/30/2023.(KJA)cc: COR
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| Filing 11 JOINT STATUS REPORT by State Farm Mutual Automobile Insurance Company. (Oswald, Clayton) |
| ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #11 Status Report (KJA) |
| Filing 10 NOTICE OF FILING by Linda Caldwell, Tessa Harris, Carl Jones, Lillian Miniard Notice, Consent, (Johnson, Kevin) |
| NOTICE OF DEFICIENCY TO Clayton Oswald re #9 Response to Motion, Error: attachments were insufficiently described as "Exhibit A,""Exhibit B." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (KJA) |
| Filing 9 RESPONSE to Motion re #6 FIRST MOTION to Remand by Linda Caldwell, Tessa Harris, Carl Jones, Lillian Miniard filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit #1 State Court Complaint)(Oswald, Clayton) Modified to further describe on 8/21/2023 (KJA). |
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Filing 8
ORDER: The Court REFERS the remand matter, DE #6 , to United States Magistrate Judge Hanly A. Ingram for review and preparation of a recommended disposition or such further orders as he sees as fit. Signed by Judge Robert E. Wier on 08/17/2023.(KJA)cc: COR
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| Filing 7 NOTICE OF FILING by Linda Caldwell, Tessa Harris, Carl Jones, Lillian Miniard re #6 FIRST MOTION to Remand by Linda Caldwell, Tessa Harris, Carl Jones, Lillian Miniard , Notice of Deficiency, (Attachments: #1 Attachment Order)(Johnson, Kevin) |
| Filing 6 FIRST MOTION to Remand by Linda Caldwell, Tessa Harris, Carl Jones, Lillian Miniard (Johnson, Kevin) (Additional attachment(s) added on 8/16/2023: #1 Proposed Order) (KJA). |
| NOTICE OF DEFICIENCY TO Kevin Johnson re #6 FIRST MOTION to Remand by Linda Caldwell, Tessa Harris, Carl Jones, Lillian Miniard: Error: attorney failed to submit a proposed order as an electronic attachment to themotion. Entry by attorney; within 7 calendar days, prepare adocument entitled "Notice of Filing", file the Notice using the event "Notice ofFiling," attach the proposed order, and create a link to the related docket entry. cc: COR (KJA) |
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Filing 5
ORDER FOR MEETING AND REPORT: (1) Within 21 days, the parties, by counsel, shall meet, either in person or by telephone, to consider the topics Rule 26(f) (2) mandates. (2) Within 14 days of the meeting, the parties shall file a joint status report. Signed by Magistrate Judge Hanly A. Ingram on 08/14/2023. (Attachments: #1 MJ Consent Form)(KJA)cc: COR
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Filing 4
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs).. Signed by Judge Robert E. Wier on 11/13/2019.(JCP)cc: COR
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| Conflict Check run. (JCP) |
| Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by State Farm Mutual Automobile Insurance Company. (JCP) |
| Filing 1 NOTICE OF REMOVAL from Clay Circuit Clerk, case number 23-CI-00136. ( Filing fee $402; receipt number AKYEDC-5622698), filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Attachment Notice and Certificate of Removal, #2 Affidavit of Counsel, #3 State Court Record)(JCP) |
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